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Thread: 5 year residency for parents

  1. #1
    Join Date
    Mar 2013
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    NZ Citizen
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    21

    Default 5 year residency for parents

    Hi,

    My parents were awarded their residency in December last year. I was of the understanding that any two consecutive years in the 5 year period would allow them to obtain the permanent residency (indefinite) visa.

    However, upon speaking to the case officer, and a couple of calls to the immigration call center. I have been getting mixed responses from INZ. Some of the INZ officers are saying any two consecutive years will allow you to apply for permanent residency successfully. However the other CSR I spoke to said that my parents need to stay the last 4th and 5th year to obtain their permanent residency. Therefore, the fact that they have stayed for 4-5 months already, this does not count towards their permanent residency.

    Does anyone have any prior experience, or knowledge in this area?

    I understand that they do not have to spend 2 full years in NZ, (184 days each year).. just using 2 years for easy reference. thanks in advance guys.

  2. #2
    Join Date
    Feb 2008
    Posts
    37,824

    Default

    There have recently been some changes to the rules for parents, so I can't be certain about a clear answer to give you.

    However the other CSR I spoke to said that my parents need to stay the last 4th and 5th year to obtain their permanent residency.
    That remark certainly WAS the correct answer until recently. Sponsored in parents had a 5-year condition on their resident visas, therefore they couldn't meed the second requirement for PR (that all conditions should have been met) until having been a resident for five years, and IF years 4 and 5 met the 'commitment to NZ' criterion. https://www.immigration.govt.nz/new-...anent-resident

    But looking in the regulations, I find that it now states, effective 21/11/2016, that parents' resident visas have a TEN year condition, so it seems possible that they can't get PR till after years 9 and 10. http://onlineservices.immigration.go...nual/index.htm Go to Residence>Family Categories>F4 Parent Category>F4.50 Conditions of a resident visa granted under the Parent Category.

    The recent nature of this change may account for why the INZ telephone answerers are not aware of the implications - none of the parents affected have yet got anywhere near being able to apply for PR.

    However, your parents have 10 years' travel conditions on their Residence visas, so they will not have any difficulty about leaving the country and returning in all that time.

  3. #3
    Join Date
    Oct 2013
    Location
    New Zealand
    Posts
    2,283

    Default

    Quote Originally Posted by JandM View Post
    There have recently been some changes to the rules for parents, so I can't be certain about a clear answer to give you.

    That remark certainly WAS the correct answer until recently. Sponsored in parents had a 5-year condition on their resident visas, therefore they couldn't meed the second requirement for PR (that all conditions should have been met) until having been a resident for five years, and IF years 4 and 5 met the 'commitment to NZ' criterion. https://www.immigration.govt.nz/new-...anent-resident

    But looking in the regulations, I find that it now states, effective 21/11/2016, that parents' resident visas have a TEN year condition, so it seems possible that they can't get PR till after years 9 and 10. http://onlineservices.immigration.go...nual/index.htm Go to Residence>Family Categories>F4 Parent Category>F4.50 Conditions of a resident visa granted under the Parent Category.

    The recent nature of this change may account for why the INZ telephone answerers are not aware of the implications - none of the parents affected have yet got anywhere near being able to apply for PR.

    However, your parents have 10 years' travel conditions on their Residence visas, so they will not have any difficulty about leaving the country and returning in all that time.
    F4.50 Conditions of a resident visa granted under the Parent Category

    See also Immigration Act 2009 ss 49, 55

    A resident visa granted under the Parent Category is subject to the condition, imposed under sections 49(1) and 55 of the Immigration Act 2009, that the sponsor of the visa holder meets their obligations as set out at R4.10 until ten years from the visa holder’s first day as a resident in New Zealand.

    The multiple entry travel conditions on a resident visa granted under the Parent Category must be valid until ten years from the visa holder’s first day as a resident in New Zealand.

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